[1] The defendant moves for production of documents to support its defence of the plaintiff's claim for breach of contract, and in support of its counterclaim resulting from the plaintiff's unilateral termination of a contract for the sale of goods. [2] The plaintiff brings a cross-motion for summary judgment under the Simplified Rules Procedures as set out in Rule 76 of the Rules of Civil Procedure . [3] The plaintiff, Diversitel Communications Inc., is a Canadian company with its head office in Ottawa. It carries on business in research and development of satellite and terrestrial communications, and in related equipment. [4] The defendant, Glacier Bay Inc., is an American Company with its head office in Oakland, California. [5] On August 26, 2002, the plaintiff entered into a contract with the defendant for the supply of vacuum panel insulation. The plaintiff required delivery of the insulation to meet the terms of a pre-existing contract for the production, delivery and installation of six special power supply systems to the Canadian Department of National Defence (DND) in the High Arctic by July 30, 2003.
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